2017/18 - APT New Zealand & Australia

GENERAL INFORMATION & CONDITIONS | 83 If We Change or Cancel Your Vacation APT endeavours to provide you with all the services confirmed to you at the time of your booking. However, we plan arrangements a long time in advance of your departure date using independent suppliers such as hotels etc., over whom we have no direct control. On occasion changes do have to be made, and APT reserves the right to cancel or amend Tours/Excursions accordingly. If we make a major change to your vacation, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (if you choose an alternative which is more expensive you must pay the difference but we will refund any price difference if the alternative is of a lower value), or cancelling your vacation and receiving a full refund of all monies paid. We will not cancel your travel arrangements less than 100 days before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached, of which you will be informed in writing ("Low Bookings"). If your holiday is cancelled you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (if you choose an alternative which is more expensive you must pay the difference but we will refund any price difference if the alternative is of a lower value). Force Majeure Force Majeure means the occurrence of an event that is beyond APT's reasonable control and which could not have been reasonably prevented by APT, which includes, but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law or the law in any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, licence and the common law as applicable from time to time. Termination of Booking Contract or Change of Travel Arrangements due to Force Majeure If APT, in its reasonable opinion, considers that any Force Majeure event prevents APT (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services the subject of the booking contract with you, APT may immediately by written notice: (a) terminate the booking contract (in whole or in part); or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs. Limitation of Liability in the Event of Force Majeure In the event that APT cancels or changes your travel arrangements in any way due to a Force Majeure event, APT will not be liable to you in contract, tort, statute or restitution for any loss (including, but not limited to, loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly):(a) the cancellation or change to your travel arrangements; or (b) the Force Majeure event. APT is not liable to refund any part of the deposit or purchase price paid by you if APT subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. Force Majeure events are unpredictable and beyond APT's control. As you are required to purchase travel insurance to adequately protect yourself against these risks, your policy needs to respond to these risks. You acknowledge and accept that these terms are reasonably necessary to protect the legitimate interests of APT based on expected non-recoverable costs and expenses to be incurred by APT, including but not limited to overhead expenses and works or services performed personally by APT, leading up to the commencement of the holiday package, alternatively prior to the Force Majeure event. ON VACATION Local Purchases APT is not responsible for any items you may purchase locally i.e.: jewellery/furniture etc. You acknowledge that you are solely responsible for any import duty or freight costs. Personal Belongings & Lost Items For security reasons valuables should be kept to a minimum and packed in your hand luggage along with your medicines, camera, film, electrical or battery-operated appliances. It is your responsibility to look after your property at all times and you must ensure you are adequately covered by comprehensive travel insurance in the event of any loss. Disruption to Itinerary or Cruising Arrangements Itineraries are intended as a guide only and are subject to alteration without notice. Alternations may be necessary for various reasons including, without limitation, road, river or weather conditions, strikes or airline schedule changes, and other reasons beyond APT's control. If conditions render any routes unsafe for navigation, APT reserves the right to provide alternative services including, but not limited to, accommodation on the docked ship or substitute land arrangements. Sometimes for reasons beyond our control, it may be necessary to make alterations to your itinerary. APT will not be liable for any direct or indirect costs that you incur as a result of any event or other factor beyond our control which necessitates a change in your itinerary. Additionally, you are not entitled to any refund for any alterations to your itinerary that are caused or contributed to by any flood or water levels or such other events, which are beyond our control. Complaints If you have a problem during your vacation, please inform the relevant supplier (e.g. your hotelier) and our representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our office at #530, 999 Canada Place, Vancouver, BC, V6C 3E1 giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form while on holiday. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Arbitration: Any and all disputes concerning this contract, the brochure or other material for your trip or the trip itself shall be resolved solely and exclusively by binding arbitration according to the then current commercial rules of the Commercial Arbitration Act of British Columbia. In any such arbitration, the costs will be shared equally between the parties. Costs shall not include costs by a party for representation by counsel. Unless the parties otherwise agree the rules of the British Columbia International Commercial Arbitration Centre shall apply. GENERAL INFORMATION Data Protection Policy Any personal information (including sensitive information and health information) that APT obtains and retains from you or about you is necessary for our business purposes. Our Privacy Policy details why we collect this information, who we may disclose it to (including overseas recipients), and the main consequences if we do not collect it. Our Privacy Policy also contains information about how you may seek access to, or correction of, the personal information held about you, and our complaint resolution procedures. Our Privacy Policy is available at www.aptouring.com/privacy or by request to us. We will use only names and contact details for marketing purposes unless you notify us that you do not wish to receive future marketing material by writing to APT. #530, 999 Canada Place, Vancouver, BC, V6C 3E1. By providing personal or sensitive information to us, you are agreeing to the terms of our Privacy Policy. Limitation of Liability 1. APT agrees that the vacation arrangements it will make, perform or provide, as applicable, as part of the contract with you will be made, performed and provided, as applicable, with reasonable care and skill. We will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. We will only be responsible for what employees do or do not do if they were acting within the course of their employment and we will only be responsible for what agents or suppliers do or do not do if they were at that time carrying out work that we had asked them to do. Please note that it is your responsibility to show that reasonable care and skill has not been used if you wish to make a claim against us. 2. Our liability will also be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices – APT, # 530, 999 Canada Place, Vancouver, BC, V6C 3E1. Your right to a refund and/or compensation from us is set out above. If any payments to you are due from us, any payment made to you by the airline will be deducted. NB this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday. 3. The optional excursions are not operated by or at the direction or on behalf of APT or its employees or agents or any other persons or companies associated with APT. By taking bookings for these cruises/tours, APT acts as each optional tour operator's agent. 4. On cruises/tours including activities such as but not limited to trekking, quad-biking, horse riding, electric bikes and swimming, passengers accept that there is a material element of risk involved. 5. In the event that you wish to make a claim or complaint against us, both the services that we have agreed to provide or arrange as part of the contract between you and us and the laws and regulations of the country in which the claim or complaint occurred will be taken into consideration in determining whether or not the services were properly provided. If the services provided comply with local laws and regulations, the services will be treated as having been properly provided, even if the services did not comply with the laws and regulations of the UK, unless the claim or complaint relates to the failure to provide a safety feature which may cause a reasonable holiday maker to refuse the particular arrangements. 6. If you, or any member of your party have a medical condition or disability which may affect your cruise/tour, please tell us before you confirm your tour booking so we are able to advise as to the suitability of your chosen arrangements. In any event, you must provide us with full details in writing at the time of booking. If we reasonably feel we are unable to properly accommodate particular needs of the person concerned, we reserve the right to decline the booking or ask for the person to be accompanied by a person who is able to provide full assistance to them throughout their tour. If, in the opinion of any representative of APT, your mental or physical condition, or general behaviour is such as to affect your own health and safety, render you incapable to care for yourself, cause you to became a hazard to yourself or other passengers or result in you becoming objectionable to other passengers or staff, you will not be permitted to embark or continue on the whole or any part of the holiday package. Abuse or harassment of any kind toward crew, contracted suppliers or other guests may result in immediate removal from the tour or cruise. APT is not liable to you for any costs associated with such decision and you will not be refunded for any part of the holiday package. Medical Assistance APT does not employ medical staff on our tours. If you require medical attention, local medical services can be contacted immediately. You are responsible for all charges that result from a visiting a medical facility, or for a medical practitioner visiting you. APT is not responsible for the type or quality of the medical services you may receive. Your Operators APT and Travelmarvel by APT. Red Centre tours are operated by AAT Kings. Seat Rotation Passengers rotate seats in the coach daily so everyone enjoys front and window seating. In fairness to all passengers, no exceptions can be made. Luggage Limits Each passenger is entitled to take one piece of luggage that does not exceed 160 cm (63 inches), weight limit 20 kg (44 pounds). Dimensions for checked baggage are calculated by adding together the width, height and depth of the piece of baggage. Extra bags: An extra charge will be imposed to cover handling of any additional bags. Your Tour Director will advise the additional charge. For KWA tours, Touring is conducted in small 4WD vehicles with limited luggage capacity. Each passenger must limit their luggage to one small/medium soft bag or suitcase weighing no more than 16kg (35 lb approx) and with dimensions of no more than 68cm length x 35cm width x 32cm height. Cameras, etc., should be carried separately. Should you have excess luggage, it is your responsibility to organise for this to be forwarded to your final destination. For Kimberley cruises, there are no luggage restrictions. Weight restrictions also apply to passengers – weight details are required upon booking. Horizontal Falls has a weight limit of 120kg per person. APT Club Details including the full range of benefits and conditions may be viewed on our website at www.aptouring.com/APTClub/ MemberBenefits. Smoking For other passengers' comfort there is no smoking on coaches or in hotels, except in designated external areas. Triple Rooms Triple Room prices are subject to availability and based on existing room sizes and hotel bedding (twin/double beds, normally max. 2 beds per room). Third bed will be a single roll- away. Triple rooms are not available on Kimberley Wilderness Adventures and cruises. Registration The Company is registered in British Columbia, Canada (A0073478). The company is also a member of ACTA and ASTA. The APT Group of Companies also proudly offers: Captain's Choice – Exotic Vacations. United States Tour Operators Association $1 Million Travellers Assistance Program: APT, as an Active Member of USTOA, is required to post $1 Million with USTOA to be used to reimburse, in accordance with the terms and conditions of the USTOA $1 Million Travellers Assistance Program, the advance payments of APT customers in the unlikely event of APT bankruptcy, insolvency or cessation of business. Further, you should understand that the $1 Million posted by APT may be sufficient to provide only a partial recovery of the advance payments received by APT. More details of the USTOA Travellers Assistance Program may be obtained by writing to USTOA at 345 Seventh Avenue, Suite 1801, New York, New York 10001, or by email to information@ustoa.com or by visiting their website at www.USTOA.com. California Seller of Travel Number 2002540-20. Images Within This Publication Tourism Tasmania & Bridestowe Estate; Tourism Western Australia; Tourism of Victoria; Northern Territory Tourism; Hamilton Lund; Destination NSW; Tourism Australia; Tourism New Zealand; Tourism and Events Queensland; Te Puia; The Hermitage Hotel; The Copthorne Resort; Peppers Resorts; Kingfisher Bay Resort; Mercure; Pullman Cairns; Te Waonui Forest Retreat; Longlands Farm; Hotel Grand Chancellor; Real Journeys; Alamy – Prisma Bildagentur; Fullframe Photography; Nadia Monteith. Validity – Publication No. H4879 Publication is valid from 28 October 2016 and supersedes all previous publications with respect to prices and itineraries. See individual itinerary pages for price and itinerary validity.

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